Proposed Rule2023-06172
Federal Acquisition Regulation: Credit for Lower-Tier Small Business Subcontracting
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 30, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are withdrawing this proposed rule. The decision not to proceed with a final rule was made because the underlying statute has been changed. Accordingly, this proposed rule is withdrawn, and the FAR case is closed.
Full Text
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<title>Federal Register, Volume 88 Issue 61 (Thursday, March 30, 2023)</title>
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[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19045-19046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06172]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19, 42, and 52
[FAR Case 2018-003, Docket No. FAR-2018-0003, Sequence No. 1]
RIN 9000-AN61
Federal Acquisition Regulation: Credit for Lower-Tier Small
Business Subcontracting
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule; withdrawal.
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SUMMARY: DoD, GSA, and NASA are withdrawing this proposed rule. The
decision not to proceed with a final rule was made because the
underlying statute has been changed. Accordingly, this proposed rule is
withdrawn, and the FAR case is closed.
DATES: The proposed rule published on June 6, 2019, at 84 FR 30071, is
withdrawn as of March 30, 2023.
ADDRESSES: Regulatory Secretariat Division (MVCB), 1800 F Street NW,
7th Floor, Washington, DC 20405, 202-501-4755.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Carrie Moore, Procurement Analyst, at 571-300-5917, or by email at
<a href="/cdn-cgi/l/email-protection#e88b899a9a818dc68587879a8da88f9b89c68f879e"><span class="__cf_email__" data-cfemail="3d5e5c4f4f5458135052524f587d5a4e5c135a524b">[email protected]</span></a>. For information pertaining to status, publication
schedules, or alternate instructions for submitting comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be used, contact the Regulatory Secretariat
Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#1b5c485a497e7c487e785b7c687a357c746d"><span class="__cf_email__" data-cfemail="e1a6b2a0b38486b28482a1869280cf868e97">[email protected]</span></a>. Please cite ``FAR Case
2018-003''.
SUPPLEMENTARY INFORMATION:
I. Background
On June 6, 2019, DoD, GSA, and NASA proposed to amend the FAR to
implement section 1614 of the National Defense Authorization Act (NDAA)
for Fiscal Year (FY) 2014 (Pub. L. 113-66), as implemented by the Small
Business Administration (SBA) in its final rule published on December
23, 2016, at 81 FR 94246. SBA's final rule and section 1614 address
credit for lower-tier small business subcontracting. On December 19,
2022, SBA published a proposed rule at 87 FR 77529 to amend its
regulations to implement section 870 of the NDAA for FY 2020 (Pub. L.
116-92),
[[Page 19046]]
which amended the requirements set forth in section 1614 of the NDAA
for FY 2014. Section 870 of the NDAA for FY 2020 made three changes
that require SBA to change some of the provisions set forth in its
December 2016 final rule as follows: (1) A prime contractor may elect,
in some instances, to receive credit toward its subcontracting plan for
lower-tier subcontracts to small businesses; (2) Agencies are
prohibited from setting tier-specific goals for prime contractors that
use lower-tier credit; and (3) Subcontracting plans are required to
recite the records that contractors will maintain to substantiate
lower-tier credit.
Because of the statutory changes made since the proposed rule was
issued in 2019, the FAR Council believes further consideration of any
amendments to the FAR related to credit for lower-tier subcontracting
should be accomplished under a new FAR case. Accordingly, the proposed
rule published on June 6, 2019, at 84 FR 30071 is withdrawn and FAR
Case 2018-003 is closed. Section 1614 of the NDAA for FY 2014, as
amended by section 870 of the NDAA for FY 2022, will be implemented via
a new FAR case.
List of Subjects in 48 CFR Parts 19, 42, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-06172 Filed 3-29-23; 8:45 am]
BILLING CODE 6820-EP-P
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